What does the charge mean?

If you’re intoxicated and refuse to leave a bar when asked, you can be charged. This is because the refusal to leave, or remaining in the vicinity, is a criminal offence. As a result, this offence usually occurs between a patron and a security guard or bar staff.

Additionally, if you behave in an offensive manner, or use offensive language, you could face further criminal charges.

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Yes, it is possible to avoid a criminal record. However, this is more likely if it is your first criminal charge.

If convicted, you will likely receive a fine.

Will I go to jail?

No. The maximum penalty that can be imposed is $5,500 in NSW.  Therefore, failing to leave licenced premises is a fine only offence. In other words, it is not possible to go to jail for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

1. A licenced premises did not let you in, or
2. The licenced premises asked you to leave, and 
3. Within 6 hours, you re-entered the vicinity of the premises

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.